Kelly v Commissioner of Police - [1985] 1 NZLR 430

Police — Discipline — Inquiry into allegation of misconduct or breach of duty — Exercise of power to transfer a police officer from one branch of the force to the other — Allegation that constable had used obscene language to a member of the public was investigated but no charge was laid against him — Constable was transferred from CIB to Uniform Branch — Whether constable's liability to be disciplined should have been resolved at a disciplinary inquiry under s 33 - Whether constable's transfer was invalid on the ground that an administrative power of transfer had been improperly used — Police Act 1958, s 33 - Police Regulations 1959, regs 6 and 49.